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Thursday, March 28, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 33 - Interrogatories

(See Fed. R. Civ. P. 33)

LR 33-1 Interrogatories - Generally

(a) Not Filed With the Court (See LR 5-9)

Unless directed by the Court, interrogatories, objections, and answers will not be filed with the Court. Instead they will be maintained by counsel and made available to parties upon request. Interrogatories presented for filing without Court approval will be returned to the offering party. To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently pursuant to LR 5-9(b).

(b) Use of Non-Filed Interrogatories

This rule does not preclude the use of interrogatories and answers as exhibits or evidence in support of a motion or at trial.

(c) Definitions

Each interrogatory must state in concise language the information requested. In no case may an interrogatory refer to a definition not contained within the interrogatory or the preamble. Only terms actually used in a set of interrogatories may be defined.

(d) Prohibited Form of Interrogatories

Broad general interrogatories, such as those that ask an opposing party to "state all facts on which a claim or defense is based" or to "apply law to facts," are not permitted.

Practice Tip

The word "contention" has been eliminated to clarify that it is not prohibited per se to inquire what another party is contending, although overly broad general interrogatories are prohibited. See, e.g., Equal Emp’t Opportunity Comm'n v. U.S. Bakery, No. CV 03-64-HA, 2003 U.S. Dist. LEXIS 25529, 2003 WL 23538023, at *6-7 (D. Or. Nov. 20, 1993).

 

LR 33-2 Answers to Interrogatories

  1. Answers and objections to interrogatories must set forth each question in full before each answer or objection. Each objection must be followed by a statement of reasons.
  2. When an objection is made to part of an interrogatory, the remainder of the interrogatory must be answered at the time the objection is made, or within the period of any extension of time to answer, whichever is later.

LR 33-3 Motions to Compel (See Fed. R. Civ. P. 33(b) and LR 37)

(a) Requirements

Motions to compel must set forth only the pertinent interrogatory question, objection, and legal arguments.

(b) Certification Requirements

The Court will deny any motion to compel that does not contain the certification requirements mandated by LR 7-1(a).


Amendment History to LR 33
June 1, 2006
Generally Cross-references added and updated.
LR 33.1(a) The first sentence divided into two sentences. "Interrogatories shall be served..." added.
LR 33.1(b) The words "for introduction" stricken.
LR 33.3 Renumbered to LR 33.4.
LR 33.4 Renumbered to LR 33.3 and text deleted.
LR 33.5 The words "With Order Compelling Answers" added to the heading.
December 1, 2009
LR 33-1(a) Removed the language that interrogatories shall be served pursuant to Fed. R. Civ. P. 5 and inserted text, "To facilitate responding, a courtesy copy of the interrogatories must be e-mailed concurrently...."
The word "will" substituted for "shall."
LR 33.3 Removed as a rule without a rule. Subsequent rules renumbered accordingly.
LR 33.5 Removed as a rule without a rule.
March 1, 2014
LR 33-1(a) In the caption, updated cross-reference from "LR 5-2" to LR "5-10." In the rule text, updated cross-reference from "LR 5-2(b)" to "LR 5-10(b)."
LR 33-1(d) Changed "which" to "that" and"contention" to "claim or defense."
LR 33-1(d) Practice Tip New Practice Tip.
March 1, 2016
LR 33-1(a) In the caption, updated cross-reference from "LR 5-10" to "LR 5-11." In the rule text, updated cross-reference from "LR 5-10(b)" to "LR 5-11(b)."
LR 33-1 Practice Tip Changed "EEOC v. United States Bakery" to "Equal Emp’t Opportunity Comm'n v. U.S. Bakery."
January 1. 2019
LR 33-1(a) In the title, updated the cross-reference from "LR 5-11" to "LR 5-10." In the rule text, updated the cross-reference from "LR 5-11(b)" to "LR 5-10(b)."

January 21, 2020

LR 33-1(a)

After "See," updated reference from "LR 5-10" to "LR 5-9." After "pursuant to" updated reference from "LR 5-10(b)" to "LR 5-9(b)."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers